The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-08-17
W. G. DE PAUW'S MILLIONS
Mrs. Mcintosh, the Dead Mans Eldest
Child, Who Was Almost DiSinherited,
Files Suit in the Floyd Circuit Court to
Have Her Fathers Will Set Aside, on the
Ground that 1t Was Unduly Executed.
Special to the Indianapolis Journal

Special to the Indianapolis Journal
NEW ALBANY, Aug. 16.-In the Floyd Circuit
Court, this afternoon, Sarah Ellen Mcintosh, of
| Salem, wife of Andrew j. Mcintosh. and the
first child OF the late Washington C. DePauw,
who was virtua lily disinherited by his will,
brought suit to set aside the will. Mrs. McIn-
tosh strongly resemble her late father. being of
the same physical build and the same facial
expression. She is a lady in culture as
well by instinct, and is greatly devoted
Ito and rllSh loved by Der manE friends- The
will, of fq,. father cut her off with two very poor
badly worn-out farms in Washington county and
q possible contingency in some bequests made
for charitable or religious purposes. upon which
annuties to be paid if the legac1es be accept
ed upon the provisions of the will. The COM
plant of Mrs. Mcintosh, as filed by her attor.
neys, Hon. c. L. Jewett and Harry Jewett, is as
follows:
''State of Indiana. County of Floyd, IS.
I'm the Floyd Circuit Court, September term
1887.
Sarah Ellen Mcintosh plain tiff complains of
Fannie M DePauw, Nswland T. DePauw.
Martha D. Leydsn, Harriet l. Leyden. Emily
Leyden, Nellie I. Leyden. Frank Leyden,
Malinda Keys. Washington D. Keys. Eliza
9ssn shn B n'ee esa1ora joseph ann. Watts as:
Metz, William W. Keyes. the Missionary Socie-
ty of the Methodist Episcopal Church the
Church Extension Society of the Methodist Epis-
copal Church, the Preachers Aid Society Of the
Indiana Conference, the Bible Society, the
American Tract Society, the State Society of the
Young Mems Christian Association, the Young
Mems Christian Association OF New Albany. the
Young Mems National Association, DePauw
University, at Greencastle Ind; DePauw Col
lege at New Albany. Ind; James NJ Hanes,
trustees under the will of Washington @. De-
Pauw; NewIand T. DePauw, Theodore P.
Haughsy and Alexander Bowling; trustees for
Florence l. DePauw; Fannie M. DePauw, Car
rie DePauw, Sarah A. Bradley Jane E. Bradley,
Martha d. Leyden and Florence L. DePauw,
trustees of the United Charities at New Albany
Ind: Newland T. DePauw. Peter r. Stoy, John
w. Ray and Charles W. DePauw, executors of
the will of Washington c. DePauw, deceased,
and for cause of action the plaintiff says:
- On the 5th day of May. 1887, Washington c.
De Pauw, at that time resident Of Floyd coun-
ty. in the State of Indiana. and having an estate
there situate died at Chicago, Ill, ieav.
child and the defendants, Fannie M. De Pauw.
his widow. and Newland T. De Pauw, Charles
W. De Pauw and Florence l.. De PAW, his
other children, his only heirs at law.
THAT on the 10Th day Of May, 1887, a paper
writing bearing date of March 26, 1885, and pur-
porting to be the last will and testament of said
~ r. w. Meyer, clerk of the Floyd Circuit
Court, and was by such clerk admitted to pro-
bate and filed and recorded in the record of
wills of Floyd county, and thereupon letters
were issued to the defendants. Newland T. De-
Pauw. Peter r. Stoy. John W. Ray and Charles
W. DePauw, as executors of said pretended
will, and they thereupon Immediately qualified
and are now acting such executors.
That by the terms of said will the defend
ants, except said executors, named the
devisees and legatees. and. except to property
of the value of $4,000. thereby given the
whole of the estate. real and personal, of said
Washington c. DePauw, of the value of about
&c. 000 900. to the exclusion of the plaintiff, who
as the surviving child and heir OF said Washing
ton c. DePauw, is entitled TO one-sixtn
of said estate. And the plaintiff AYERS that said
pretended will s invalid for the folio wing reason
that said pretended will unculy executed.
For which reason the plaintiff prays the court
that said pretended will be adiudged invalid and
of no effect and that the probate thereof and
letters issued Hereunder be revoked, set aside,
and held FOR naught.
&c. i. & Fl. E. JEwETT,
"Of Counsel for Plaintiff"
The filing of this suit has been expected for
some time, and Ii is only truth to say that the
public sympathy is almost universal with Mrs.
Mcintosh in her effort to set aside the will She
is Mr.. De Pauw's first-born child. Her mother
was a daughter of the late Major Malott, of
Salem in his life leading business man of that
to wn and also county clerk of Washington county.
1t was under Major Maott that Mr.. DePauw
obtained his first employ yment, and became
deputy county clerk. Mrs Mcintosh was in
the city this afternoon aud accompanied by her
attorneys went to to the courthouse TO file the
suit to set aside her fathers will Such suit
IS, OF course, to be deplored, as suits OF this
character never fail to cause unpleasant revela-